Superior Court

Civil Case Process

​​Cause of Action​

    Dispute between (among) parties, cause of action arises.

Filing

  • ​Case (​complaint) filed in Superior Court Clerk's Office.
  • ​Case number assigned by clerk.

Service

    Servic​e of the summons and complaint upon the defendant(s) by a sheriff, constable, or any individual eighteen (18) years of age or older who is not a party to the action.​

Answer 

  • Defendant(s) must respond to complaint (file an answer) within twenty (20) days of date of service.
  • If no answer is filed within twenty (20) days, plaintiff may obtain a default judgment against defendant for amount claimed in complaint.

Discovery 

  • Discovery process between (among) the parties, during the course of which various motions, such as motions to compel production of documents or motions for more responsive answers, may be filed.
  • Assignment to trial pool.
  • The plaintiff or the defendant files motion to assign case to the trial calendar.

Motions (these may be filed at any time before entry of judgment and are in addition to those outlined under "Discovery" above)

    Motion for judgment as a matter of law may be deemed appropriate at any point in the proceedings.

Pretrial Conference 

    ​A pretrial conference may be conducted on the day before or the day of trial.

Trial

Entry of Judgment 

  • Case resolved either by agreement of the parties (stipulation enters), by court order, or by jury verdict.
  • Order entered by the judicial officer disposing of case.

Appeal

    Either or both sides may appeal the case to a higher court.

Enforcement of Judgment (if necessary) 

  • If the defendant(s) do not comply as ordered, the plaintiff may apply to court for:
    • Wage attachment;
    • Citation compelling defendant(s) to appear in court; and/or
    • Body attachment may issue if the defendant(s) fails to appear​.
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